DHS Announces New Guidance to Limit ICE and CBP Civil Enforcement Actions in or near Courthouse

The Department of Homeland Security announced that federal agents will no longer be permitted to arrest people in or near a courthouse for most immigration violations. Previous policy in effect since 2018 authorized ICE to enter any courthouse to arrest people who were there for reasons unrelated to their immigration status. A civil enforcement action in or near a courthouse may only be taken in limited circumstances, including national security matters and threats to public safety.  

“Ensuring that individuals have access to the courts advances the fair administration of justice, promotes safety for crime victims, and helps to guarantee equal protection under the law,” said Secretary Mayorkas. “The expansion of civil immigration arrests at courthouses during the prior administration had a chilling effect on individuals’ willingness to come to court or work cooperatively with law enforcement. Today’s guidance is the latest step in our efforts to focus our civil immigration enforcement resources on threats to homeland security and public safety.”